How do you get through the period up to a disiplinary hearing?

[TrainforSpeed]

Colleague has done something really stupid and is charged with gross misconduct.

There's no doubt he did it and he admits as much. Employer is following process to the letter, investigation has been done and he's been given 10 days' notice of a formal hearing.

Personally I think he's on a fine line. It's the kind of thing he could be sacked for but if they decide they want to keep him he'll get a warning. I don't know how that will end.

Meantime he's come to me to tell me how much he's struggling with anxiety. I'm not involved in the process for him? I'm kind of a sideways team leader.

I can't reassure him, there is every possibility this will end badly, but I'd like to support him just out of human decency if I can. He's a young man in his first "proper" job after a series of temp jobs, this was a real opportunity for him but of course he's brought this on himself.

I've said keep busy, do a good job, get some support for the meeting. That's all I've got!

Is there anything else I can suggest to get him through these next few days?

It is 10+ years since I worked in HR but in my day, you could only dismiss if they had been suspended, the fact that he has allowed to remain in work might be a good sign. Things may have changed of course, but back then the worst they could get was a final warning if they hadn't been suspended.

I'm surprised he is in the workplace whilst under investigation for gross misconduct. Is this a smaller company?

Going 'off sick' is not something that can be used against him in the decision making process, if he is self certified following procedure or agreed by a doctor, with the appropriate paperwork. The purpose of the investigation is to fact find, understand any mitigating factors and to have written record of the events in order to inform appropriate next steps. Whether they like him or 'want to keep' him isn't really a factor so much as the extent of the issue, whether support can be put into place (performance management etc), whether there is anything else on his file that hits a trigger etc.

I would be reluctant to get involved, but would advise him to speak with HR if he wants advice, he is entitled to bring his own witness, ask whatever questions, and present whatever evidence he likes that has a relevance to the circumstances.

Otherwise I'd advise he at least start looking for alternative employment options, and plan financially for all eventualities. Even if not sacked, on a final written warning a short time into a role as someone who doesn't necessarily understand policy or professionalism at work, is not a particularly stable place to be, in the nicest possible way.

Obviously going off sick wouldn't be officially used against him, but it will influence the decision IMO.

It is 10+ years since I worked in HR but in my day, you could only dismiss if they had been suspended, the fact that he has allowed to remain in work might be a good sign. Things may have changed of course, but back then the worst they could get was a final warning if they hadn't been suspended.

This is totally inaccurate and actually suspension can only be legitimately done in very few cases. It’s not allowed to be a predetermining factor for dismissal, it never was.

Also I would strongly advise against mentioning that he could resign, as you’re a representative of the business even if you’re not involved it could lead to an accusation of constructive dismissal.